Johnson v. Ryan et al

Filing 19

ORDER ACCEPTING REPORT AND RECOMMENDATION: Magistrate Judge Willett's Report and Recommendation 18 is accepted; Petitioner's Petition for Writ of Habeas Corpus 1 is dismissed with prejudice; The Clerk shall terminate this action; in the event Petitioner files an appeal, the Court declines to issue a Certificate of Appealability because reasonable jurists would not find the Court's procedural ruling debatable. Signed by Judge G Murray Snow on 2/17/17. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Maurice Lamont Johnson,
Petitioner,

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ORDER

v.

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No. CV-16-00560-PHX-GMS

Charles L. Ryan, et al.,

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Respondents.

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Pending before the Court are Petitioner’s Petition for Writ of Habeas Corpus and

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United States Magistrate Judge Eileen S. Willett’s Report and Recommendation

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(“R&R”). Docs. 1, 18. The R&R recommends that the Court dismiss the Petition with

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prejudice. Doc. 18 at 13. The Magistrate Judge advised the parties that they had fourteen

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days to file objections to the R&R and that failure to file timely objections could be

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considered a waiver of the right to obtain review of the R&R. Id. at 13-14 (citing 28

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U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003)).

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will accept the R&R and dismiss the Petition with prejudice. See 28

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U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole

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or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P.

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72(b)(3) (“The district judge may accept, reject, or modify the recommended disposition;

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receive further evidence; or return the matter to the magistrate judge with instructions.”).

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IT IS HEREBY ORDERED:

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Magistrate Judge Willett’s R&R (Doc. 18) is accepted.

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2.

Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is dismissed with

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prejudice.

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3.

The Clerk of Court shall terminate this action.

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4.

Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the

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event Petitioner files an appeal, the Court declines to issue a certificate of appealability

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because reasonable jurists would not find the Court’s procedural ruling debatable. See

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Slack v. McDaniel, 529 U.S. 473, 484 (2000).

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Dated this 17th day of February, 2017.

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Honorable G. Murray Snow
United States District Judge

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